Any Experts on Copyright

[Gidders]

A little wile ago I supplied an (admittedly fairly low grade) image to a dance franchisee to promote a workshop that a friend was running for them.

Subsequently I have found out that they have manipulated the image by transplanting someone's head & changing the colour of the background without my permission

I have emailed them and a pdf of the email exchange & my original are attached - a link to the website where it has been used <<<here>>> and scroll about 1/2 way down the page

What are your views - are they in breached my copyright on not?

[postcardcv]

Well you're right and they are in the wrong, I suspect they are aware of that and are trying to dodge getting stung. As the photographer you retain the copyright on the image and emailing it does not change this at all, they are not entitled to use the image beyond what was originally agreed unless you give express permission. Altering significant parts of it does not alter the fact that it is your image and you own the copyright unless you sign it over to someone. The fact that the photo has been passed on by your friend does make it slightly awkward as she ma have told them it was ok to use it in this way without realising the copyright situation.

[Gidders]

Thanks Peter - that's my view... btw I passed the photo to them... and they have not been in touch with my friend about reusing or manipulating the photo for this occasion.

Anyone else got any views?

[gordon g]

I was going to say oppurtunity rather than problem, especially as you are planning on going full-time pro, but judging from the email exchange it may be beyond that now.
Yes, you are right, and claimed ignorance on their part doesnt excuse them. But, a more constructive approach may have been to use it as an oppurtunity to develop a business relationship - in effect a one sale loss-leader.
They clearly liked the image enough to use it and spend some time manipulating it, so you and they know your work fits their requirements. Something along the lines of 'I'm really pleased that you used my image in your publication. As I'm sure you realise, copyright remains with the photgrapher unless specifically released, but I am more than happy to support this event with my work in this instance. As a professional photographer, I am looking for new clients in xyz field. If you have any further need to use the image, or would like to discuss other image requirements, please contact me via my website or by phone'
This might have landed you a new client rather than an annoying argument.

[Peter Waites]

I don't think it is. So I clicked on the warning triangle top right, typed "advertising" in the pop up box and fired it off. I guess Admin, will remove it.

[KC Foggin]

It's gone bye bye

[jbayston]

Crikey they put a lot of work into that picture, just to avoid shooting a new one. I don't think it likely that you would ever get work from these people anyway. They were obviously looking for free stuff to manipulate. They tried it on and got caught. I like their copyright claim at the bottom of the page. Nice touch.